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• National Minimum Wage Increase
• New laws on safeguarding children and vulnerable adults
• FAQs: Employing Young People
• Accessible Days out in UK Forests
• Rowan's new Welsh Office
• Staffordshire Celebrations
• Accessible Property Register
• Membership of the Rowan Organisation

National Minimum Wage Increase

From 1st October 2009, the national minimum wage will increase for most employees in the UK.

The new rates will be:

• £5.80 an hour for workers aged 22 or over
• £4.83 an hour for workers aged 18 to 21
• £3.57 an hour for workers aged 16 and 17 who are over compulsory school age

If you employ personal assistants or carers, you must ensure that you pay them at least the minimum rate of pay from this date.

Some people are exempt from being paid National Minimum wage. These include:

• Self employed people
• Volunteers
• People on certain training schemes

If these increases are likely to affect you as an employer and you have any queries, you can contact the Rowan's Information Service on 0845 608 8048 for initial support.

Further information is available from the National Minimum Wage helpline on 0845 6000 678 or the Direct Gov website: http://www.direct.gov.uk/nmw.

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New Laws on Safeguarding Children and Vulnerable Adults

From 12 October 2009, new laws come into force with respect to the protection of children and vulnerable adults.
The Safeguarding Vulnerable Groups Act 2006 is an important part of a bigger programme of work. This programme of work extends across government departments and is designed to solve the failures identified by the 2004 Bichard
Inquiry arising from the Soham Murders. Recommendation 19 of the Bichard Inquiry Report says:

‘New arrangements should be introduced requiring those who wish to work with children, or vulnerable adults, to be registered. The register would confirm that there is no known reason why an individual should not work with these clients.'

In summary, the Act explains the following:

A new body, the Independent Safeguarding Authority (ISA) will make all decisions about who should be barred from working with children and vulnerable adults.

The Vetting and Barring Scheme will deal with activities that are classified as ‘regulated' or ‘controlled'. These activities include both paid and unpaid (voluntary) work.

There will be two separate ISA Barred Lists (one for those barred from working with children and one for those barred from working with vulnerable adults). Barred individuals can be placed on one or both of these lists.

What is a Regulated activity?

In general terms, a Regulated Activity is any activity allowing contact with children or vulnerable adults and which takes place ‘once a month or more' or for three or more days in a 30-day period. This would include jobs such as teaching, care provision and transportation.

What is a Controlled activity?

In general terms, a Controlled Activity refers to:

support work in a health or education setting (e.g. hospitals, schools) and includes jobs such as cleaners, caretaker, catering staff, or support work where individuals have access to personal or sensitive records about children and vulnerable adults (e.g. day centres, local authorities).

Under these definitions, The Rowan Organisation believes that carers and personal assistants providing support to children and vulnerable adults would be considered to be undertaking a Regulated Activity.

What are the legal considerations and responsibilities?

Anyone providing a regulated activity must be registered with the ISA.

It will be a criminal offence, punishable by up to five years in prison, for a barred individual to take part in a regulated activity for any length of time.

It will be a criminal offence for an employer to take on an individual in regulated activity if they fail to check that person's status (except where ‘domestic employers' are concerned).

It will be a criminal offence for an employer to allow a barred individual, or an individual who is not yet registered with the ISA, to work for any length of time in any regulated activity (except where ‘domestic employers' are concerned).

Although the new laws come into effect in October this year, there will be a phased implementation and some of the key dates are as follows:

From October 2009 there will be criminal penalties for existing barred individuals who seek or undertake work with vulnerable groups and also for employers who knowingly take them on.

From July 2010 onwards, individuals can apply for ISA registration and a CRB check (including an ISA check) on one new application form.

From November 2010 onwards, the legal requirement for employees to register with the Scheme and for employers to check their status will come into force.

What will this mean in respect of Direct Payments employers and their staff?

We believe that carers and PAs come under the category of ‘domestic workers' as defined within the Regulations.
Based on this, anyone wishing to work as a PA or carer with a child or vulnerable adult will be required by law, to register with the ISA from July 2010 onwards. The registration fee of £64 will apply and will probably need to be paid by the individual seeking this type of work.

If an individual is or becomes barred, it will be an offence under the Regulations for that individual to take part in any regulated activity ‘in domestic circumstances' (we assume this to mean for example, working as a PA).

However, the current Guidance Notes issued by the ISA state that ‘Domestic employers do not have to check an individual they wish to employ (such as a PA, nanny or tutor), but the Scheme will give them the opportunity to check the status of the individual (with his/her consent) if they wish to'.

As far as we understand, this means that Direct Payments employers will not be breaking any law if they do not check the Register, but should they wish to check it, they must have the consent of the carer/PA concerned.

There are a number of issues which the Rowan Organisation is seeking to clarify with the ISA so that we can issue definitive guidance for Direct Payments employers and their PAs.

We expect to be able to provide further information in the Winter 2009 or Spring 2010 edition of this Newsletter.

Source: Independent Safeguarding Authority website

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FAQs: Employing Young People

If you are employing or thinking of employing a young person as a personal assistant, there may be some things to consider that you're not aware of. Rules about employing young people may vary between areas and so you should always check with the Education Welfare Office in your Local Authority whether there are any local byelaws which may affect employing a young person.

1. Can I employ a young person as a Personal Assistant?

This depends on the age of the young person. Children who are above compulsory school age (a child is of compulsory school age until they are 16 and until the final Friday in June of the school year in which they turn 16) and not in full time education are classed as adults and can therefore be employed as a PA like any other adult.

Nationally, children under 13 years old cannot be employed (although this restriction may relaxed by the local byelaws for certain occupations). There is no national law that prevents children aged between 13 and 16 being employed as a PA, however, there may be local restrictions and these should be checked with the Local Education Welfare Office to determine whether an employment permit is required.

2. What is the Local Authority employment permit?

It is required to enable all young people of compulsory school age to work in paid employment. The permit is a simple form that includes the name of the child, the hours that are to be worked and the young person's wage. The permit can be applied for after the PA has begun work, to allow for a trial period. Some Local Authorities may have rules about how long a child can work without a permit and you should check this with your local Education Welfare Office. An application form for a permit should be requested from the Local Authority of the area in which the work is being done, rather than the area in which the child lives or attends school.

3. If I am already employing a child of compulsory school age without a permit what should I do?

You should contact your Local Authority as soon as possible and request an application for an employment permit. It is important to obtain an employment permit, even if the young person has been working as a PA for some time.

If the Local Authority were to discover a child working without a permit they would first of all write requesting a permit be applied for. This would then be followed by a warning and if a permit were still not applied for, it is only at this stage that any action would be taken.

4. What hours can young people work?

A young PA, of compulsory school age and over the age of 13, can work the following hours:

During term time:

• A maximum of 2 hours on a school day (only one of which may be before the start of school)
• A maximum of 5 hours (under 15s) or 8 hours (15 and over) on a Saturday
• A maximum of 2 hours on a Sunday
• A maximum of 12 hours a week
• No work can be done during standard school hours
• No work can be done before 7am or after 7pm

During school holidays:

• A maximum of 5 hours (under 15s) or 8 hours (15 and over) on Saturdays and weekdays
• A maximum of 2 hours on Sundays
• A maximum of 25 hours (under 15s) and 35 hours (15 and over) a week

5. What about if I employ a young person (16 or 17) above compulsory school age but who is in full time education?

• A 16 or 17 year old still in full time education can work within the following restrictions:
• No more than eight hours a day
• No more than 40 hours a week
• A 30 minute break must be taken if over four and a half hours are worked
• At least two days off from paid employment a week must be taken

There is no variation between term time and school holidays. The young person may work longer hours only when an adult is not available to do the work and the work is necessary for the continuity of support for the service user.

6. Are young PAs entitled to any extra breaks or annual leave?

A PA of compulsory school age is entitled to one hours break if over four hours are worked. A young PA above compulsory school age is entitled to the same breaks as an adult - twenty minutes during a six hour work period.

A young PA of any age is entitled to the same annual leave as an adult PA (currently 5.6 weeks a year for a full time worker). Their holiday entitlement would be calculated on a pro rata basis depending on the number of hours worked, in the usual way. However, throughout the year, PAs of compulsory school age must have at least two weeks free from work during the school holidays. PAs above compulsory school age are not subject to any such restriction.

The above are just some of the main points regarding employment of young people. It is important that if you're considering employing a young person (under 18 years of age, whether still in full time education or not) you must find out whether there are any local byelaw restrictions and if necessary, apply for an employment permit from the local Education Authority where the work is to be carried out. If you require any further information, please feel free to contact the Information Service on 0845 608 8048.

(Source: www.dfes.gov.uk, www.teachernet.gov.uk , www.hse.gov.uk).

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Accessible Days Out in UK Forests

The stresses and strains of everyday life get to us all from time to time, so why not take a break? Get away from it all and relax in the beautiful surroundings of the UK's forests and woodlands.

The Forestry Commission has details of parks, forests and woodlands throughout England, Wales and Scotland that offer tranquillity amidst the birdsong and breeze.

There are many stunning locations to visit that have easy access paths, sensory trails and tactile maps.

Coed y Brenin in Snowdonia National Park is one such forest that is accessible to all. It includes all-ability walking trails, tactile sculptures that interpret some of the local wildlife and sound boxes that offer audio information on the forest and local folk tales.

Sherwood Pines Forest Park in Nottinghamshire regularly receives referrals from NHS and private clinics for patients to benefit from the fresh air and wildlife. It is often used as a place to stimulate both body and mind.

Wistlandpound is another accessible forest, featuring a heritage centre designed in collaboration with Calvert Trust. The site features wheelchair accessible paths, sensory structures and bespoke exercise equipment designed to develop co-ordination, balance and strength.

For further details of these and many more accessible forests and woodlands, you can contact the Forestry Commission on 0845 367 3787 or visit www.forestry.gov.uk .

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Rowan's New Welsh Office

As part of our commitment to implement our organisation's Welsh Language Scheme, we are pleased to announce that The Rowan Organisation will be establishing an office base in Carmarthenshire.

Staff located at the office will be fluent in spoken and written Welsh and English and will consist of a part time Senior Independent Living Advisor, two part-time Payroll/Admin Assistants and one part-time Admin assistant. This service will be available to all Direct Payments users in the Welsh counties where we work and will be in addition to what we currently provide in each of those counties.

Further details will be available in our next Newsletter, but it is hoped that the service will be formally launched and publicised throughout the Autumn.

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Staffordshire Celebrations

The Rowan Organisation is celebrating 10 years of Direct Payments support in Staffordshire!

To mark the occasion, the Staffordshire team are holding a celebratory event on Friday 25th September 2009.

Advisers from The Rowan Organisation and other groups will be available to talk about Direct Payments in Staffordshire. Information and advice will be available on the Salary Service, the PA register, Account Support Workers and the Information Service.

There will also be a quiz with prizes and refreshments will be available.

The event will be an excellent way to meet workers from The Rowan Organisation, learn more about Direct Payments and meet other Direct Payments users in Staffordshire.

Simply drop in on the day, between 1.00pm and 3.00pm at Rising Brook Methodist Church, Burton Square, Stafford, ST17 9DH.

We will hopefully have a full report with photographs in the next edition of Directions Newsletter.

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Accessible Property Register

The Accessible Property Register (APR) has launched an Approved Partner Database of estate agents who show a commitment to promoting accessible properties.

Created by Christine Barton and Lindsay Yarrow, who are wheelchair users themselves, the APR is a specialist website that promotes accessible and adapted properties for sale and rent. It advertises both private houses and social housing.

The new Approved Partner Database contains details of estate agents across the UK who have a commitment to identify and promote adapted property.

The estate agents included on the database have been selected because they understand the importance of identifying accessible properties and making information about such property available to customers. They also display a positive attitude towards accessibility in order to provide a service that meets the need of the whole community. All agents on the database advertise accessible properties on the APR website.

The database can be viewed online at www.accessible-property.org.uk. The APR can also be contacted on 07749 119385.

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Membership of the Rowan Organisation

The Rowan Organisation is a registered charity and not for profit organisation. It is a user-led organisation and the majority of Board members are disabled people, as are a number of our operational staff.

Membership of the Rowan Organisation is open to all service users and it's free!

Ordinary members receive a summary of the quarterly Board meetings, are entitled to attend and vote at the AGM and also have the chance to become a Board Member themselves.

Board membership offers an exciting opportunity to travel and meet up with others. Service user members who are elected on to the Board, influence the management and direction of the organisation. Board membership offers a mix of business and social elements and all reasonable travel, accommodation and other expenses are paid for by the Rowan Organisation.

If you are interested in applying for ordinary membership, with the chance of becoming a Board member, please contact the Rowan Organisation at Head Office on 0800 783 1755 or by emailing info@therowan.org.

The following further information may help you to decide to become a member:

Mission Statement

"The Rowan Organisation exists to provide disabled people with access to
information and support in order that they can make informed choices and be in control of their lives".

Vision Statement

"A society that is fully inclusive in which the barriers, whether environmental, attitudinal or institutional, that prevent disabled people from having equality of opportunity have been removed."

In providing services we advocate the following principles:

Services offered should support disabled people to have increased choices, independence and control of their lives.

Support provided should be based on and directed by the aims, objectives and needs identified by each disabled person.

The same range of opportunities and facilities should be available to disabled people as are available to others.

Disabled people should not be excluded, segregated or discriminated against because of their impairment.

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